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1. Devote the premises. only to use for the <br />. operation of a public golf course, or other <br />recreational use as may be approved by the grantor <br />or its successors or assigns, in writing. <br />2. Unless otherwise approved by grantor in <br />writing, at no time use or suffer the use of any <br />or all of the premises for commercial, <br />residential, office., industrial, or other similar <br />use. <br />3. At no time construct, erect, or suffer, <br />any structure on the premises in excess of <br />feet in height. <br />c} The provisions of Indiana Code 34-1-5~-5 <br />shall be applicable to the premises. hereby <br />conveyed to grantee. herein and that grantee, its <br />successors and assigns shall not initiate or <br />support action in any court ar before. any <br />governmental agency if the purpose of the. action. <br />is to claim or allege that the public use airport <br />operations or any of the operations or any of the <br />operation's appurtenances are a private use or a <br />public nuisance: Provided,. however, that this <br />prohibition shall be effective only so long as the <br />public use airport operations is operated. in <br />accordance with the rules of the Indiana <br />Department of Transportation, Division of <br />Aeronautics, or its successor, and. there is no <br />significant change in the hours of operation of <br />the public use airport operation, and the public <br />use airport operations are not operated in a <br />.negligent manner. <br />d) That grantee, its. successors and. assigns <br />shall not initiate or support action in any court <br />or before any governmental. agency if the purpose <br />of such operation is to interfere. with,. restrict, <br />or reduce the operation of the Michiana Regional <br />Airport or the use of the Michiana Regional <br />Airport by any aircraft. as relating to the landing <br />and takeoff of aircraft generating high noise <br />levels. <br />e) That grantee, its successors and assigns <br />promise, covenant and warrant that they, their <br />successors and assigns, will. not hereinafter use <br />or permit or suffer the use of the premises hereby <br />conveyed. and in such a manner as to create <br />electrical interference with radio or electronic <br />navigational airport or aircraft aids so as to <br />create any interference with radio communication <br />between any installation or installation of any <br />type of lights which would interfere. with night <br />-7- <br />